Bill Text: PA SB1512 | 2011-2012 | Regular Session | Introduced

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Bill Title: In administration, further providing for enforcement; and, in licensing, providing for injunctions.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2012-05-07 - Referred to LAW AND JUSTICE [SB1512 Detail]

Download: Pennsylvania-2011-SB1512-Introduced.html

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PRINTER'S NO. 2155
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1512 Session of2012
INTRODUCED BY FARNESE AND FERLO, MAY 7, 2012
REFERRED TO LAW AND JUSTICE, MAY 7, 2012
AN ACT
Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
reenacted, "An act relating to alcoholic liquors, alcohol and
malt and brewed beverages; amending, revising, consolidating
and changing the laws relating thereto; regulating and
restricting the manufacture, purchase, sale, possession,
consumption, importation, transportation, furnishing, holding
in bond, holding in storage, traffic in and use of alcoholic
liquors, alcohol and malt and brewed beverages and the
persons engaged or employed therein; defining the powers and
duties of the Pennsylvania Liquor Control Board; providing
for the establishment and operation of State liquor stores,
for the payment of certain license fees to the respective
municipalities and townships, for the abatement of certain
nuisances and, in certain cases, for search and seizure
without warrant; prescribing penalties and forfeitures;
providing for local option, and repealing existing laws," in
administration, further providing for enforcement; and, in
licensing, providing for injunctions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 211(a) of the act of April 12, 1951
(P.L.90, No.21), known as the Liquor Code, reenacted and amended
June 29, 1987 (P.L.32, No.14) and amended October 5, 1994
(P.L.537, No.80), is amended to read:
Section 211. Enforcement.--(a) There is created within the
Pennsylvania State Police a Bureau of Liquor Control Enforcement
which shall be responsible for enforcing this act and any
regulations promulgated pursuant thereto. Officers and
investigators assigned to the bureau shall have the power and
their duty shall be:
(1) To investigate whenever there are reasonable grounds to
believe liquor, alcohol or malt or brewed beverages are being
sold on premises not licensed under the provisions of this act.
If the investigation produces evidence of the unlawful sale of
liquor or malt or brewed beverages or any other violation of the
provisions of this act, the officer involved in the
investigation shall institute criminal proceedings against the
person or persons believed to have been criminally liable, as
otherwise provided by law or rule of court.
(2) To arrest on view, except in private homes, without
warrant, any person actually engaged in the unlawful sale,
importation, manufacture or transportation or having unlawful
possession of liquor, alcohol or malt or brewed beverages
contrary to the provisions of this act or any other law of this
Commonwealth or any person whom the officer/investigator, while
in the performance of his assigned duties under and pursuant to
this act and any regulations promulgated under this act,
observes to be in violation of any of the following provisions:
18 Pa.C.S. Ch. 25 (relating to criminal homicide).
18 Pa.C.S. § 2701 (relating to simple assault).
18 Pa.C.S. § 2702 (relating to aggravated assault).
18 Pa.C.S. § 2705 (relating to recklessly endangering
another person).
18 Pa.C.S. § 2706 (relating to terroristic threats).
18 Pa.C.S. § 2709 (relating to harassment).
18 Pa.C.S. § 2709.1 (relating to stalking).
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18 Pa.C.S. § 3302 (relating to causing or risking
catastrophe).
18 Pa.C.S. § 3304 (relating to criminal mischief).
18 Pa.C.S. § 3701 (relating to robbery).
18 Pa.C.S. § 4101 (relating to forgery).
18 Pa.C.S. § 5104 (relating to resisting arrest or other
law enforcement).
18 Pa.C.S. § 5501 (relating to riot).
18 Pa.C.S. § 5503 (relating to disorderly conduct).
18 Pa.C.S. § 5505 (relating to public drunkenness).
18 Pa.C.S. § 5512 (relating to lotteries, etc.).
18 Pa.C.S. § 5513 (relating to gambling devices,
gambling, etc.).
18 Pa.C.S. § 5514 (relating to pool selling and
bookmaking).
18 Pa.C.S. § 5902 (relating to prostitution and related
offenses).
18 Pa.C.S. § 6307 (relating to misrepresentation of age
to secure liquor or malt or brewed beverages).
18 Pa.C.S. § 6308 (relating to purchase, consumption,
possession or transportation of liquor or malt or brewed
beverages).
18 Pa.C.S. § 6309 (relating to representing that minor is
of age).
18 Pa.C.S. § 6310.1 (relating to selling or furnishing
liquor or malt or brewed beverages to minors).
18 Pa.C.S. § 6310.3 (relating to carrying a false
identification card).
Section 13 of the act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug, Device and Cosmetic
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Act.
(3) Upon reasonable and probable cause, to search for and to
seize, without warrant or process, except in private homes, any
liquor, alcohol or malt or brewed beverages unlawfully
possessed, manufactured, sold, imported or transported and any
stills, equipment, materials, utensils, vehicles, boats,
vessels, animals, aircraft, or any of them, which are or have
been used in the unlawful manufacture, sale, importation or
transportation of the same. Such liquor, alcohol, malt or brewed
beverages, stills, equipment, materials, utensils, vehicles,
boats, vessels, animals or aircraft so seized shall be disposed
of as hereinafter provided.
(4) To investigate and issue citations for any violations of
this act or any laws of this Commonwealth relating to liquor,
alcohol or malt or brewed beverages, or any regulations of the
board adopted pursuant to such laws or any violation of any laws
of this Commonwealth or of the Federal Government, relating to
the payment of taxes on liquor, alcohol or malt or brewed
beverages by any licensee, his officers, servants, agents or
employes.
(5) To arrest any person who engages in the following
offenses when the said offenses are committed against the
officer/investigator or any person accompanying and assisting
the officer/investigator while the said officer/investigator is
performing assigned duties under and pursuant to this act and
any regulations promulgated under this act:
18 Pa.C.S. § 2701 [(relating to simple assault)].
18 Pa.C.S. § 2702 [(relating to aggravated assault)].
18 Pa.C.S. § 2705 [(relating to recklessly endangering
another person)].
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18 Pa.C.S. § 2706 [(relating to terroristic threats)].
18 Pa.C.S. § 2709 [(relating to harassment)].
18 Pa.C.S. § 2709.1.
18 Pa.C.S. § 5104 [(relating to resisting arrest or other
law enforcement)].
18 Pa.C.S. § 5501 [(relating to riot)].
(6) To serve and execute warrants issued by the proper
authorities for offenses referred to in this subsection and to
serve subpoenas.
(7) To arrange for the administration of chemical tests of
breath, blood or urine, including preliminary breath tests, to
persons for the purpose of determining the alcoholic content of
blood or the presence of a controlled substance by qualified
personnel of a State or local police department or qualified
personnel of a clinical laboratory licensed and approved by the
Department of Health.
* * *
Section 2. The act is amended by adding a section to read:
Section 471.2. Injunctions.--(a) For a violation of a
criminal act listed in section 211(a)(2) as a result of conduct
which occurred on or about the licensed premises or in an area
under the licensee's control or which is related to the manner
in which the licensed premises is operated, after institution of
criminal proceedings under Pa.R.Crim.P. 502 (relating to
instituting proceedings in court cases), the enforcement bureau
may petition the court with jurisdiction over the criminal
offense for the issuance of a cease and desist order. The court
may issue a cease and desist order that prohibits the operation
of the licensed establishment for a period of not less than
twenty-four nor more than forty-eight hours from the time of the
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issuance of the cease and desist order upon a showing of
probable cause by the enforcement bureau of any of the
following:
(1) The conduct occurred on or about the licensed premises
when the licensed premises was open for operation.
(2) The conduct occurred outside the licensed premises or
when the premises was not open for operation but there is a
relationship between the conduct and the manner in which the
licensed premises was operated.
(b) After the issuance of a citation under subsection (a),
the enforcement bureau may institute an action under subsection
(c).
(c) In addition to any other citation proceedings as
provided in this act, the enforcement bureau may commence an
action for license suspension and injunction to prohibit
operation of the licensed premises. The following apply to an
action under this subsection:
(1) The action must be commenced within ten days of the
occurrence of conduct giving rise to the cease and desist order
under subsection (a).
(2) The action must be commenced by filing a petition for
license suspension and injunction with the court with
jurisdiction over the criminal offense under subsection (a).
(3) Bond is not required.
(4) The petition must seek prohibition of the operation of
the licensed premises for a period specified as follows:
(i) For the first occurrence, twenty-four to forty-eight
hours.
(ii) For the second occurrence, five to ten days.
(iii) For the third occurrence, ten to thirty days.
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(iv) For the fourth occurrence, thirty to one hundred eighty
days.
(v) For occurrences after the fourth occurrence, one hundred
eighty to three hundred sixty-five days.
(5) The licensee must be provided with notice of the filing
for license suspension and injunction.
(6) A hearing on the petition shall be conducted within
seventy-two hours of the filing of the petition.
(7) An order under this subsection is subject to 42 Pa.C.S.
§ 932 (relating to appeals from minor judiciary).
Notwithstanding 42 Pa.C.S. § 5571(b) (relating to appeals
generally), an appeal under this paragraph must be taken within
fifteen days of the entry of the order.
Section 3. This act shall take effect in 60 days.
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